Gay-rights issue may kill Gang of Eight’s immigration reform bill

A proposal to expand gay rights is threatening to splinter a fragile, bipartisan agreement on immigration reform and kill a pillar of President Obama’s second-term agenda.

The Senate Gang of Eight, which crafted the immigration legislation, pledged to fight off “poison pill” amendments that would derail the bill. But one controversial proposal has already divided the group.

Durbin and Schumer are members of the Judiciary Committee and either one could strike down Leahy’s amendment by voting with Republicans against it.

Democrats control 10 seats on the panel to the Republicans’ eight. The other Democratic members of the panel are expected to back the Leahy measure.

Leahy also filed an amendment exempting the immigration status of same-sex couples from restrictions established by the Defense of Marriage Act (DOMA) if a state or another country recognizes their unions.

“It will be interesting how Durbin and Schumer vote because they have huge [lesbian, gay, bisexual and transgender] constituencies and citizens in their states, and I can’t imagine them not supporting the Leahy amendment,” said David Mixner, a prominent Democratic fundraiser and political strategist. “Since when do we separate a whole group of American citizens and say, ‘These rights apply to everyone, but not LGBT citizens.’”

Mixner said it would be a “moral outrage” if the Senate passed immigration legislation that discriminated against same-sex couples.

Leahy is one of the biggest allies of gay-rights advocates, who do not want him to succumb to colleagues who would prefer the amendment not come up for a vote.

Herwitt noted that Durbin and Schumer have given little indication how they will vote.

“Durbin and Schumer believe they are in a tough political situation,” she said.

Angela Kelley, vice president of immigration policy at the Center for American Progress, a left-leaning think tank, said Thursday’s markup will be an early test for the Gang of Eight’s unity.

“We’ll see pretty early on [Thursday] what the mood is and what the vibe is and whether the Gang of Eight is working in sync or not. That will make a big difference in what amendments get through,” Kelley said.

Gay-rights advocates said Wednesday they didn’t know when Leahy will offer his amendment to require equal treatment for same-sex couples. One source predicted it would come relatively late in the markup, which is expected to span a couple of weeks.

Durbin said even if Leahy’s amendment does not pass in committee, the Supreme Court will soon address discrimination against same-sex couples. The high court is deciding challenges to California’s Proposition 8, which limits marriage to heterosexual couples, and to DOMA, which restricts federal benefits to heterosexual marriages.

“If they reach a decision while we’re in the process of markup, it may resolve the issue,” he said.

Another Grassley amendment would require the Department of Homeland Security to declare it will place into deportation proceedings any illegal immigrants who fail to qualify for “registered provisional immigrant” status, which critics say would deter many illegal immigrants from applying for legal status.

Pro-immigrant advocates will push Democrats to support an amendment filed by Feinstein to move the cutoff date for eligibility to the date of the law’s enactment.

“It’s a very important change. The point of the legalization process is to wipe the slate clean,” said Lynn Tramonte, deputy director of America’s Voice.